South Australian Consolidated Regulations

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FOOD REGULATIONS 2002 - REG 9

9—Adoption of Food Standards Code

        (1)         Subject to subregulation (2), the Australia New Zealand Food Standards Code as defined in the Food Standards Australia New Zealand Act 1991 of the Commonwealth (as that code is in force from time to time) is adopted for the purposes of the definition of "Food Standards Code under the Act.

        (2)         The code referred to in subregulation (1) is adopted with the following modifications:

            (a)         Standard 2.5.1, clause 4—after subclause (2) insert:

        (2a)         However, clause 15 of Standard 4.2.4 does not apply in relation to goat's milk that is intended to be sold as unpasteurised goat's milk.

            (b)         Standard 3.1.1, clause 3—after the present contents of clause 3 insert:

        (2)         However, this Chapter does not apply to a food business to the extent that the food business is constituted by—

            (a)         an activity or process that is regulated by or under the Primary Produce (Food Safety Schemes) Act 2004 ; or

            (b)         an activity or process that is exempt from the operation of Parts 5, 7 and 8 of the Food Act 2001 by virtue of the operation of regulation 13 of the Food Regulations 2002 ,

(even if the activity or process involves the substantial transformation of food).

            (c)         Standard 3.2.1, clause 2(2)—delete subclause (2) and substitute:

        (2)         This Standard applies—

            (a)         to food businesses that are determined by the appropriate enforcement agency to have a priority classification in a manner consistent with a priority classification system determined by the relevant authority under section 79(2) of the Act; or

            (b)         if another Standard specifically requires food businesses to which that other Standard applies to comply with Standard 3.2.1.

            (d)         Standard 3.2.2, clause 4—after subclause (4) insert:

        (5)         This clause operates in the State of South Australia subject to the provisions of regulation 14 of the Food Regulations 2002 .



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